State v. Matthew Jackson Sanders
Apr 07, 2015OUTCOME: Vacated, client let out of prison
Vacated judgment where the trial court lacked jurisdiction to revoke defendant's probation.
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OUTCOME: Vacated, client let out of prison
Vacated judgment where the trial court lacked jurisdiction to revoke defendant's probation.
OUTCOME: Reversed conviction
Reversed judgment of trafficking in methamphetamine where the trial court erred by refusing to instruct on lesser included charge of felony possession of methamphetamine.
OUTCOME: New trial in part; remanded in part
Mr. Bullabough was granted a new trial on the denial of his motion to continue after her rejected a plea offer. He was also given a remand to determine if his right to a speedy trial was violated.
OUTCOME: Guilty plea reversed
Vacated defendant's habitual felon guilty plea and remanded for resentencing in appropriate range because the trial court lacked subject matter jurisdiction to accept his plea.
OUTCOME: MAR granted
The Court granted my motion for appropriate relief after it was revealed that the defense attorney failed to present evidence in the form of a statement taken by law enforcement of my client at the sce ... ne of the car accident which tended to show that his girlfriend, the decedent, grabbed the steering wheel causing the accident, and thus tended to show that my client was not guilty of second-degree murder.
OUTCOME: New sentencing hearing
Mr. Peterson was granted a new sentencing hearing after the trial court announced in open court that he had "played a high stakes game with the jury" as this was an improper comment on Mr. Peterson's r ... ight to trial. The trial court also said some other inappropriate things in open court.
OUTCOME: New trial
Mr. Israel was convicted of first degree murder and given the death penalty. Another person with motive and opportunity and a violent history with the victim was seen in the building. All evidence ab ... out this person was kept out of the trial. The Court reversed the conviction after taking note that this evidence tended to cast doubt upon Mr. Israel's guilt.
OUTCOME: Vacated and remanded for a new trial
Mr. Diehl was granted a new trial where the prosecutor injected the notion of the race of the jurors "twelve white jurors, good and true" into his closing argument and the trial court denied the defens ... e attorney's motion for a mistrial.
OUTCOME: Modified and affirmed in part
Second-degree murder case which sent new precedent.
OUTCOME: Summary judgment reversed
Summary judgment reversed where out of state defendant's contractal clauses regarding choice of law and forum are invalid in light of N.C. Gen.Stat. § 22B-2, rendering venue proper in Buncombe Coun ... ty, North Carolina.